How do I become my sisters Guardian. She is mentally challenged and physically challenged. My mother is dying of cancer and other than the will, there is nothing set up for her, and she cannot manage anything.


If your sister is a minor and you are an adult your mother could appoint you as guardian under her will. If not you'll have to have a guardianship proceeding. Your mother should also discuss the idea of setting up a special needs trust (verify if it is appropriate before doing it) in her will for your sister. None of these are simply issues. Get the help of an attorney in your area that specializes in estate planning and administration. Get a specialist, not a general practitioner that does it once in a while. While addressing protecting your sister, be sure your mom's will is up to date not only for the matters pertaining to your sister, but for all issues that are important to her. Be sure your mother has a living will and health care proxy. Spend the rest of the precious time she has keeping her company and cherishing the time you have.

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